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               90  International Multi. J. of PURE LIFE. 9 (29): 73-102, Winter 2022

                      builds a building above        is not conducive to discrimination
                      the  normal  amount,  or       in rejecting the transaction due
                      comes and goes, none of        to a defect and in accepting the
                      the owners or custodians       transaction;  but  agrees  with
                      have the right to prevent      discrimination in rent. Therefore,

                      him.  Finally,  subjection     if  the  lease  is  terminated
                      to  a  personal  land  is      before  the  expiration  of  the
                      customary in value, and        term,  the  lease  is  valid
                      new  instruments  have         compared  to  the  past  and  the
                      no bearing on customary        determined rent is fixed”.
                      value; but the subjection         Making  custom  subjective

                      to  the  country  is  very     can be seen in the establishment
                      high and the government        of  the  intellectual  rights  of
                      has the right to prevent       authors, innovators and artists.
                      the seizure of more than       By  validating  these  rights,
                      the customary right of a       custom  prepares  the  basis  for
                      person     or    persons.      the  implementation  of  the
                      Therefore,  oil,  gas  and     necessity  of  respecting  these
                      mines  that  are  outside      rights,  which  is  a  judicial

                      the  customary  limits  of     decree. (Alidoust, 2010: 310)
                      private property, are not
                      subject  to  real  estate.     Examples  of  Referring  to
                      (Musavi Khomeini, 1993: 588)    the Ertekazatat of Custom
                                                     A  search  for  the  words  of  the
                  According  to  an  idea  about     jurists shows a large amount of

               discrimination  in  rejecting  the    referring    to   custom     and
               deal,  Ayatollah  Hakim  (1984)       Ertekazatat  of  custom;  but
               also wrote, “Customary Ertekaz
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